Shay v. Board of Supervisors
Supreme Court of Iowa
Appeal from Ringgold District Court. — H. K. Evans, Judge. The board of supervisors of Ringgold County, acting upon the petition of a number of landowners, ordered the establishment and improvement of Drainage District No. 1. Certain objectors appealed from said order to the district court of that county, where the action of the board was sustained. From that judgment, futher appeal brings the matter to this court.
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Appeal from Ringgold District Court. — H. K. Evans, Judge. The board of supervisors of Ringgold County, acting upon the petition of a number of landowners, ordered the establishment and improvement of Drainage District No. 1. Certain objectors appealed from said order to the district court of that county, where the action of the board was sustained. From that judgment, futher appeal brings the matter to this court. There were five separate appeals from the order of establishment, all of which are here consolidated for our disposal in a single opinion.
1Opinion of the CourtWeaver, J.
This appeal involves no disputed questions of jurisdiction, or of the regularity of the proceedings in which the drainage district was established. As stated by counsel for appellants in argument, the two contested propositions are:(1) Was the plan recommended by the engineer a practicable or feasible one?(2) Was the burden to be imposed by the proposed improvement greater than should be borne -by the land to be benefited?
Appellants’ position is that the plan was neither feasible nor practicable, and that the cost or burden of the improvement was out of reasonable proportion to the benefits…
2Cases cited8 opinions
- Denny v. Des Moines CountySupreme Court of Iowa · 1909
- Zinser v. Board of SupervisorsSupreme Court of Iowa · 1907
- Appeal of Focht v. Board of SupervisorsSupreme Court of Iowa · 1909
- Mittman v. FarmerSupreme Court of Iowa · 1913
- Talke Temple v. Hamilton CountySupreme Court of Iowa · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Thompson v. Board of SupervisorsSupreme Court of Iowa · 1925
- Vinton v. Board of SupervisorsSupreme Court of Iowa · 1923